20230406Application.pdf

APPLICATION 1
CHRIS BURDIN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 9810

Street Address for Express Mail:
11331 W CHINDEN BVLD, BLDG 8, SUITE 201-A
BOISE, ID 83714

Attorney for the Commission Staff

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF COMMISSION
STAFF’S APPLICATION TO ALTER THE
FILING DATE OF THE CAPACITY
DEFICIENCY CASE

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CASE NO. GNR-E-23-01
APPLICATION

Commission Staff hereby respectfully applies to the Idaho Public Utilities Commission
(“Commission”) for an order modifying the required filing date for capacity deficiency cases filed
by Idaho Power, Avista, and Rocky Mountain Power, to “within 30 days after an Integrated
Resource Plan (“IRP”) is filed.”
I. BACKGROUND
A capacity deficiency case is used to determine when new qualifying facilities (“QFs”)
begin avoiding capacity cost for a utility and are eligible to start receiving capacity payments. See
Order No. 32697. Originally, each utility was required to file its capacity deficiency date case
when a utility submitted its IRP to the Commission, and the capacity deficiency determined
through the IRP planning process would be the starting point subject to the outcome of the
proceeding. See Order No. 32697. On October 24, 2017, the Commission amended Order No.
32697 to require “that each Idaho electric utility shall submit its updated capacity deficiency filing
after the Commission has acknowledged its IRP report, rather than upon its IRP filing…” Order
No. 33917 at 4.
On June 28, 2019, Idaho Power filed its 2019 IRP in Case No. IPC-E-19-19, and
RECEIVED
Thursday, April 6, 2023 2:37:11 PM
IDAHO PUBLIC
UTILITIES COMMISSION
CASE NO. GNR-E-23-01
APPLICATION 2
concurrently filed its capacity deficiency date case in Case No. IPC-E-19-20.
On April 29, 2020, the Commission issued Order No. 34649, requiring Idaho Power to file
its first capacity deficiency date case upon IRP acknowledgement. Order No. 34649 at 4.
On April 9, 2021, Idaho Power filed its capacity deficiency date case, Case No. IPC-E-21-
09, after the acknowledgement of the Second Amended 2019 IRP.
On July 21, 2021, Staff recommended in its comments that a generic docket be opened to
determine the timing of the capacity deficiency date filing in relation to the timing of the IRP.
On July 28, 2021, Idaho Power stated in its reply comments that Idaho Power preferred
that the capacity deficiency date case be filed at the time of the IRP filing.
On February 4, 2022, Idaho Power filed an amended application in that case.
On March 31, 2022, Staff recommended in its Amended Comments that “if the
Commission decided to re-evaluate when the capacity deficiency date case should be filed, a
generic docket should be opened because the decision may need to consider factors affecting all
three Idaho electric utilities.” Staff’s Amended Comments at 3.
On May 25, 2022, the Commission issued Order No. 35415, which required Staff to “meet
with the Companies to review and consider the factors that impact the established filing date of
the capacity deficiency date. If warranted, a docket shall be opened to seek authorization to alter
the established date.” Order No. 35415 at 11.
II. STAFF’S WORKSHOP
The authorized first capacity deficiency date is used to determine when capacity payments
begin for new QF contracts. To comply with Order No. 35415, on February 22, 2023, Staff met
with representatives from Idaho Power, Avista, and Rocky Mountain Power, through an online
workshop to consider a potential change to the timing for filing capacity deficiency date cases.
Specifically, workshop participants discussed:
1. Factors that impact the filing date;
2. Alternatives for timing of the filing;
3. Each utility’s preferred timing for the filing and its justification;
4. Major roadblocks or issues that can affect a change in timing;
5. Solutions to roadblocks or issues to changing the timing; and
6. Whether a consensus could be reached on the timing of the filing.

APPLICATION 3
While working through the workshop agenda, participants identified factors that should be
considered when determining the filing of the deficiency date update, such as the need to base the
capacity deficiency date using the latest information, the heavy workload that occurs around the
time that IRPs are submitted, and uncertainty in the length of time needed to obtain Commission
acknowledgement of the IRP. Participants also discussed several alternatives for the timing of the
filing, which included filing the case: (1) at the same time as the IRP, (2) after acknowledgement
of each IRP, and (3) within 30 days after each IRP is filed.
III. RESULTS OF THE WORKSHOP
At the end of the workshop, all the participants reached a consensus that the best alternative
was to file the case within 30 days after the IRP is filed for acknowledgment. Participants believe
that this will ensure that the capacity deficiency will be based on the most recent information
identified in the IRP and will allow each utility to incorporate any new information and data that
may have changed while preparing the IRP during its development cycle. Workshop participants
did not identify any foreseen roadblocks or issues to changing the timing.
IV. PROPOSAL
Because of the consensus reached in the workshop by all participants, Staff proposes to
change the filing time of the capacity deficiency case to “within 30 days after the IRP is filed for
acknowledgment.”
V. MODIFIED PROCEDURE
Commission Staff believes that a hearing is not necessary to consider the issues
presented herein and respectfully requests that this Application be processed under Modified
Procedure pursuant to Commission Rules of Procedure 201–204.
VI. COMMUNICATIONS AND SERVICE OF PLEADINGS
Communications and service of pleadings, exhibits, orders, and other documents
relating to this proceeding should be sent to the following:

Chris Burdin
Deputy Attorney General for the Idaho Public
Utilities Commission
P.O. Box 83720
Boise, Idaho 83702-0074
[e-mail]

Mike Louis
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83702-0074
[e-mail]

VII. REQUEST FOR RELIEF
APPLICATION 4

Commission Staff respectfully requests the Commission issue an order: (1) authorizing this
matter to be processed by Modified Procedure; (2) altering the filing time for capacity deficiency
cases to “within 30 days after an IRP is filed.”

Respectfully submitted this 6th day of April 2023.

______________________________
Chris Burdin
Deputy Attorney General
APPLICATION 5
CERTIFICATE OF
SERVICE

I HEREBY CERTIFY that on this 6th day of April 2023, I served the foregoing
APPLICATION, in Case No. GNR-E-23-01, via Electronic Mail to the following:

Camille Christen
Donovan E. Walker
1121 W. Idaho Street 83702
P.O. Box 70
Boise, ID 83707-0070
[e-mail]
[e-mail]
[e-mail]
Dan MacNeil
Mark Alder
Rocky Mountain Power
1407 West North Temple, Ste. 330
Salt Lake City, UT 84116
[e-mail]
[e-mail]

John Lyons
James Gall
Shawn Bonfiled
Avista Corporation
P.O. Box 3727
1411 East Mission Avenue
Spokane, WA 99220-3727
[e-mail]
[e-mail]
[e-mail]
[e-mail]

___________________________
Keri J. Hawker
Legal Assistant to Chris Burdin